PADMA BEN BANUSHALI AND ANR. versus YOGENDRA RATHORE AND ORS.

PADMA BEN BANUSHALI AND ANR. versus YOGENDRA RATHORE AND ORS.

Adjustment of a decree out of court will not be recognised unless it is certified by the executing court under Order XXI Rule 2 CPC. On facts, there was no certified adjustment and no conscious waiver by decree-holder; thus the decree remains executable.

Parties
Appellant: Padma Ben Banushali; Appellant: Kanji Bhai Banushali; Respondent: Yogendra Rathore
Jurisdiction
India
Judgment Date
25 April 2006
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
Appeal allowed
Legal Topics
Execution of Decree, Adjustment of Decrees, Waiver of Rights, Harmonious Construction of Statutes
Civil Procedure Execution of Decree Adjustment of Decrees Waiver of Rights Harmonious Construction of Statutes

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 16 Party arguments 2
Sign in to unlock

Parties

Padma Ben Banushali

Appellant

Kanji Bhai Banushali

Appellant

Yogendra Rathore

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether uncertified out-of-court adjustment renders a decree in-executable
  2. 2 Interpretation of Section 47 and Order XXI Rule 2 of CPC
  3. 3 Effect of alleged waiver under agreement on decree-holder's right to execute decree

Ratio Decidendi

Adjustment of a decree out of court will not be recognised unless it is certified by the executing court under Order XXI Rule 2 CPC. On facts, there was no certified adjustment and no conscious waiver by decree-holder; thus the decree remains executable.

Court Disposition

Appeal allowed

Orders

  • High Court's order set aside
  • Decree is executable